Chihuahua, Chih., October 8th, 2020.
Dear clients and friends,
We hereby inform you, some important aspects for your Company, suggesting that this information is taken into account in its management.
On October 1st, 2020, the “First Stage of the Labor Amendment’s Execution” commences, which implies that the Conciliation and Arbitration Board cease to belong to the Executive Power and is incorporated to the Federal Judicial Power.
The First Stage consisted in ten states; nevertheless, only eight of those states will begin said incorporation shortly.
Thus, and according to the comments made by the government officials responsible for the execution of the Labor Amendment, as of mid-November 2020, eight states will begin to admit complaints pursuant the new legislation.
Hence, we suggest to take special measures and attention to the new legal labor procedures, that even though they are fallible, also aim to solve most of the vices of the current legal labor system, by being more incisive with the parties, especially with the employers (Companies), since the “substitution in the deficiency of the complaint” in favor of the employees, subsists.
The following states will begin the herein referred First Stage: Campeche, Chiapas, Durango, State of Mexico, San Luis Potosi, Tabasco and Zacatecas.
Therefore, we recommend that the powers of attorney regarding labor affairs are updated.
Companies must update the authorities of their attorneys, as well as the authorities of its sole administrator and/or its board of directors regarding their authority to delegate authorities for labor affairs, specifying that they are authorized to intervene, on behalf of the Company, in any legal dispute that may arise before, either the Local and/or Federal Conciliation and Labor Registration Centers in the country, as well as the Local and/or Federal Labor Courts, in addition to any equivalent courts foreseen by the applicable legislation, in addition to the Local and/or Federal Conciliation and Arbitration Boards of the country, as well as before the Federal Conciliation and Arbitration Courts and the Local Conciliation and Arbitration Courts, without any detriment to their authorities.
Therefore, we suggest the implementation of preventive measures alongside your legal team, in order to update the employment processes and response mechanisms to any incidents that may result in labor disputes before the aforementioned authorities and any new Labor Courts.
Consequently, this law Firm is at your service in case of any doubts or queries regarding the herein, in order to ensure that your company takes the correct measures for its management and its compliance, it is important to beware of the legal dispositions that will be issued regarding this topic.
Responsible of the publication.
Daniel Alfonso Jiménez Lara/Partner of the Labor Practice Group.
